GHANI Vs. STATE

JUDGEMENT

(1.) These are two connected appeals which arise from the judgment of the Additional Sessions Judge of Muzaffarnagar. Appeal No. 136 of With. has been filed by Ghani and Shafi and appeal No, 168 of 196.1' has been filed by Nizamuddin and Isbaq alias Katta, These tour appellants, along with two others, were put up for Was Under Section 396 I.P.C. The Additional Sessions Judge convicted these four appellants and sentenced them each to imprisonment for life. The other two accused were acquitted by him.

(2.) According to the prosecution, on the night between I3th and 14th May, 1960 there was a dacoity at the house of Baru in village /Nasirpur, district Muzaffarnaf&r. Barn and. his cousin Hafeullah were sleeping in from of their house Baru's wife Smt. Midan and his daughters wee sleeping inside the house. At about midnight Baru woke up on hearing the alarm raised by his wife and children. He found two persons, armed with lathis, standing beside him. It also noticed that the main door of his house was open. lie tried to get up, but the two persons, who were standing by his side, threatened that they would kill him if he got up and moved; out of the bed. He, therefore, remained lying On the cot. His cousin Hafizullah managed to escape and run away, raising alarm, Bani then heard his wife saying that she had caught hold of a dacoit. Whereupon another dacoit, who was on the roof of the house, fired at Barn's wife. A dacoit was heard asking for a piece of cloth saying that he was hurti. On hearing the alarm and the report of the gun, many persons of the village came there. The dacoits who were inside the house, came out and joining the two dacoits standing outside the house, made good their escape. They were seven in number. They ran away towards east and then went towards north. It was a moon-lit night. One of the neighbours, Mutcha, set fire to a heap of powals at a distance of 10 or 15 places towards cast from the door of Baru's house. Some of the villagers, who collected there had torches with them. The villagers saw the dacoits when they were running away. The dacoit did not take any property except an 'Orhani' or the daughter of Baru, This 'Orhani' was snatched in dress the wound of the dacoit who was injured. When the dacoits went away, Baru went inside his house and found his wife Smt, Midan dead, Baru lodged the first information, report at the police station Kotwali on 14th May, 1960 at 6-05 A. M. Sri Kana Harish Chand Jung Sub-inspector was present when the first information report was mode. He proceeded to the place of occurrence immediately after the report. There an inquest was held on the dead body of Smt, Midan. The dead body was then sent for the post mortem examination which revealed that Smt. Midan had a number of gunshot injuries as a result of which her skull was broken and the membrances were ruptured. In the opinion of the doctor death was caused by shock and haemorrhage resulting from gunshot injuries.

(3.) After investigation six persons were pu3 up for trial. All of them denied the charge and pleaded not guilty. Two of them were ac" quitted and these four accused were convicted by the Additional Sessions Judge as mentioned above.